BILL ANALYSIS                                                                                                                                                                                                    Ó




                                                                  AB 1214
                                                                  Page A
          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1214 (Muratsuchi) - As Amended:  May 6, 2013 

          Policy Committee:                              Education  
          Vote:5-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires regional occupational center programs  
          (ROC/Ps) established by a joint powers authority (JPA) to  
          receive an annual appropriation from the General Fund (GF) for  
          purposes of providing career technical education services (CTE).  
           Specifically, this bill: 

          Requires the funds to be appropriated directly to the ROC/Ps  
          based on a formula agreed upon by school districts participating  
          in the JPA.  

           FISCAL EFFECT  

          1)This bill requires ROC/P JPAs to receive an annual GF  
            appropriation.  According to the State Department of Education  
            (SDE), there were 32 JPAs in the 2007-08 fiscal year (FY)  
            (latest data available) with a total average daily attendance  
            of 71.7 million, which generated a total of $255.3 million in  
            ROC/P funding.<1>  Under this bill, school districts  
            participating in ROC/P JPAs would receive current ROC/P  
            funding in addition to the GF appropriation required in this  
            measure.  

          2)As part of the February 2009 budget package, SB 4 X3  
            (Ducheny), Chapter 12, Statutes of 2009, provided local  
            education agencies (LEAs) with policy and fiscal flexibility  
            for all ROC/P programs funded in the budget act, including  
          ---------------------------
          <1>Current ROC/P data is no longer collected due to categorical  
          flexibility.  The numbers referenced may have decreased  
          depending on whether or not the district still participates in  
          the JPA and at what service level.  








                                                                  AB 1214
                                                                  Page B
            those operated by JPAs. This bill is contrary to these  
            provisions because school districts participating in the ROC/P  
            JPA will not have direct access to ROC/P funding to use in a  
            flexibile manner.  
           
           COMMENTS  

           1)Background  .  ROC/Ps provide high school students 16 years of  
            age and older, and also adult students, with valuable CTE  
            services so students can: (a) enter the workforce with skills  
            and competencies to be successful; (b) pursue advanced  
            training in higher educational institutions; and/or (c)  
            upgrade existing skills and knowledge.  There are 32 ROC/Ps  
            operated by a JPA. 

            ROC/Ps fall under one of three distinct organizational  
            structures: (a) school districts participating in a county  
            office of education (COE)-operated ROC/P; (b) school districts  
            participating under a JPA; or (c) a single school district. 

            SB 4 X3 (part of the February budget process), provided local  
            education agencies (LEAs) with unprecedented fiscal and policy  
            flexibility related to over 40 categorical programs between  
            the 2008-09 FY to the 2012-13 FY. Specifically, any LEA that  
            received funding for specified categorical programs, including  
            ROC/Ps, in the 2008-09 FY is authorized to use this funding  
            for any other educational purpose until the 2012-13 FY. The  
            LEA may choose to continue operating the categorical program  
            that it received funding for or redirect it for any other  
            educational purpose it deems appropriate.  SB 70 (Committee on  
            Budget and Fiscal Review), Chapter 7, Statutes of 2011,  
            extended this flexibility until the 2014-15 FY. 

           2)Purpose  .  According to the author, this bill was inspired by  
            SoCAL ROC, established in 1967 and located in the author's  
            district.  This ROC/P is administered by a JPA consisting of  
            six school districts in Los Angeles County.  These six  
            districts are: El Segundo Unified School District, Inglewood  
            Unified School District, Manhattan Beach Unified School  
            District, Palos Verdes Peninsula Unified School District,  
            Redondo Beach Unified School District, and Torrance Unified  
            School District.  The program serves high school and adult  
            students.  
            This bill requires all ROC/P JPAs to receive its funding  
            directly from the state GF. 









                                                                  AB 1214
                                                                  Page C

            The author argues this bill is necessary to ensure SoCAL ROC  
            and other ROC/P JPAs will continue to operate regardless of  
            whether the state enacts a new K-12 funding formula, as  
            proposed by the governor.

           3)SB 1197 (Alquist), Chapter 519, Statutes of 2008  , requires,  
            commencing with the 2009-10 FY, ROC/P JPAs (including SoCAL  
            ROC) to receive funding directly from a COE in which it is  
            located, instead of receiving funds from each of the school  
            districts participating in the JPA.   

            Prior to the enactment of Chapter 519, ROC/P JPAs received  
            their funding from school districts participating in the JPA.  
            The funding is based on their average daily attendance (ADA)  
            (i.e., unit that generates the amount of revenue limit  
            funding). 

            As referenced above, SB 4 X3 (enacted in February 2009)  
            established policy and fiscal flexibility for all ROC/P  
            programs funded in the budget act, including those operated by  
            JPAs (i.e., SoCAL ROC). Presumably, the statutory flexibility  
            allows school districts who receive ROC/P funding to do one of  
            two things: (a) continue operating their programs or (b)  
            redirect a portion or all funding for another education  
            purpose during the time period established in statute.

            Currently, school districts participating in ROC/Ps can choose  
            whether or not to continue participating in this program,  
            depending on the terms of their JPA.   Under this bill, all  
            ROC/P JPAs would receive a GF appropriation directly to  
            operate its program.  It is unclear if the COE that receives  
            school district funding to participate in the program would  
            continue to receive this funding given there would be a GF  
            appropriation to operate the program.  

           4)Implementation issues  .  As reference above, all ROC/Ps are  
            part of the categorical flexibility that is in effect until  
            the 2014-15 FY, which means school district continue to  
            receive funding for this program until that time.  

            Each ROC/P JPA consists of school districts that contribute  
            funding to this program.  This bill appropriates GF for the  
            operation of these programs.  Is the GF appropriation meant to  
            replace the funding the districts currently contribute to the  









                                                                  AB 1214
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            operation the ROC/P JPA or is it meant to be in addition to  
            it?  If the appropriation is meant to replace the funding,  
            then language should be added to the bill that offsets all  
            school district apportionments for ROC/P JPAs; otherwise these  
            districts will receive additional funding beyond other ROC/Ps,  
            which leaves less funding for other K-14 programs/purposes.   
            The author may wish to add offsetting funding language to this  
            bill.    

           5)This bill conflicts with the Governor's proposed Local Control  
            Funding Formula (LCFF)  .  The LCFF proposes to consolidate the  
            majority of the state's categorical programs, including those  
            under categorical flexibility, within the existing revenue  
            limit (general purpose funding) structure to establish a new  
            K-12 student formula phased in over seven years. The  
            governor's proposed budget provides $1.6 billion GF/98 in FY  
            2013-14 to begin increasing district rates to a target base  
            rate and provides supplemental funding for English learner  
            pupils, low income pupils, and foster youth.    

            The author argues this bill is necessary in order to ensure  
            ROC/P JPAs continue to operate should the LCFF take effect.   
            This bill, however, does not include language to make its  
            enactment contingent on implementation of this formula.  The  
            author may wish to address this issue.     

           6)Related legislation  .  


             a)   AB 88 (Buchanan), pending in the Assembly Education  
               Committee, implements the LCFF, which establishes a new  
               K-12 funding formula and eliminates all of the flexed  
               categorical programs.  

             b)   SB 69 (Liu), pending in the Senate Appropriations  
               Committee, establishes a LCFF by modifying the governor's  
               proposal.  

           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081